The free sample is in jeopardy.
Vendors at local farmers markets are at odds with Montgomery County health inspectors, charging that some officials have been over-zealous in their efforts to ensure food safety by restricting vendors from distributing free samples without a specific license.
“One of the reasons people who come to farmers markets buy is because they taste the samples,” said Janet Terry, President of the Olney Farmers and Artists’ Market. “It’s really one of the most fun things about farmers markets.”
Montgomery County Councilman Marc Elrich said he learned of the new crackdown last weekend, when he saw a vendor being shut down by a county inspector while he shopped for items at a Takoma Park farmers market.
“If there is a legit issue about cooking meat or something that will kill you, sure, let’s address that, but otherwise let’s not let this get out of hand,” Elrich said.
“I said why don’t you go to Whole Foods, they are sampling all these things there too — if this is a sanitary issue why don’t they apply it to everybody?”
A panel of Montgomery County Council members have asked county health department and economic development leaders to meet with representatives of Montgomery’s 13 local farmers markets Thursday to determine how to guarantee both food safety and the success of vendors.
Farmers who sell a raw agricultural product — meaning whole, uncut fruits and vegetables — are not charged any license fees to operate at farmers markets.
The problem, health inspectors say, is that many of these farmers cut up samples of their products to give away to potential customers, putting them in a new classification that would make them subject to health department food service regulations and require them to pay fees.
“A whole tomato or cucumber is fine, we don’t regulate that or have fees associated with that,” said Clark Beil, a senior county administrator of licensure and regulatory services.
“But if they slice up those tomatoes and cucumbers and offer samples, that is different, now you’re food service and we have to treat you differently.”
Beil said vendors who give away samples must meet requirements such as having hand and utensil washing facilities available on site.
The county employs 19 health inspectors who are supposed to visit each farmers market on opening day, and periodically throughout a season.
